09-002
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1 ORDINANCE NO. 09- OO;;L..
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3 ! AN ORDINANCE OF THE CITYCOMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RESCINDING ORDINANCE 05-045 WHICH
6 REZONED FROM C-3, COMMUNITY
7 COMMERCIAL TO PLANNED UNIT
8 DEVELOPMENT (PUD) A PARCEL OF LAND
9 LOCATED AT THE NORTHWEST CORNER OF
10 SOUTH FEDERAL HIGHWAY AND
11 GULFSTREAM BOULEVARD; RESTORING C-3,
12 COMMUNITY COMMERCIAL ZONING TO THE
13 PROPERTY; PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN EFFECTIVE DATE.
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16 WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted
17 Ordinance No. 05-045 which rezoned the property from C-3, Community Commercial to
18 Planned Unit Development (PUD); and
19 WHEREAS, the site plan expired August 2, 2007, after a one-year site plan time
20 extension was granted; and
21 WHEREAS, staff is requesting rescission of Ordinance No. 05-045 which will
22 restore the previous C-3 zoning designation which would allow improvements of the
23 property otherwise limited by the restrictive current zoning district; and
24 WHEREAS, the property owner, Thirty Six Hundred Holdings, LLC., is fully
25 supportive of this request.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing Whereas clauses are true and correct and incorporated
29 herein by this reference.
S:\CA\Ordinance5\Plannin~Rezonin~Rescission of rezoning- Gulfstream Mall (OS.045).doc
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1 Section 2. Ordinance No. 05-045 is hereby rescinded. The zoning on the
2 property will revert to Community Commercial (C-3) zoning.
3 Section 3. That the Zoning Map of the City is amended to reflect this rescission.
4 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
5 repealed.
6 Section 5. Should any section or provision of this Ordinance or any portion thereof
7 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
8 the remainder of this Ordinance.
9 Section 6. This ordinance shall become effective immediately upon passage.
10 FIRST READING this ? '""'-aay O~-7~ ' 2009.
11 SECOND, FINAL READING and PASSAGE this ~ day of eJ(1{)L\O..J-" 200).
12 CITY OF BOYNTON BEACH, FLORIDA
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27 ATTEST: Commissioner - Marlene Ross
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onin~escission of rezoning- Gulfstream Mall (05-045) doc
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